STATUTORY INSTRUMENTS

2013 No. 1959

BUILDINGS AND BUILDINGS, ENGLAND AND WALES
The Building Regulations &c. (Amendment) (No.2) Regulations
2013
Made

3rd August 2013

Laid before Parliament

8th August 2013

Coming into force in accordance with Regulation 1

In accordance with section 14(3) of the Building Act 1984(a), the Secretary of State has consulted
the Building Regulations Advisory Committee for England(b) and such other bodies as appear to
him to be representative of the interests concerned.
The Secretary of State, in exercise of the powers conferred by section 1 of and paragraphs 1, 4, 7,
10 and 11(1)(c) of Schedule 1 to the Building Act 1984 and being satisfied that certain provisions
of local Acts are unnecessary in consequence of building regulations, makes the following
Regulations:

PART 1
General
Citation, extent, application and commencement
1.(1) These Regulations may be cited as the Building Regulations &c. (Amendment) (No.2)
Regulations 2013.
(2) These Regulations extend to England and Wales.
(3) These Regulations do not apply in relation to any building in Wales other than an excepted
energy building and excepted energy building shall have the same meaning as in the Schedule to
the Welsh Ministers (Transfer of Functions) (No.2) Order 2009(c).

(a) 1984 c.55. Section 4 was repealed by section 5 of the Sustainable and Secure Buildings Act 2004 (c.22), but section 5 of
that Act has not yet been commenced. Section 4(1)(a)(i) to (iv) was substituted by paragraph 59 of Schedule 37 to the
Education Act 1996 (c.56); subsection(1)(a)(ii) was substituted by paragraph 6 of Schedule 21 to the Education Act 2002
(c.32); subsection (1)(a)(iii) and (iv) was repealed by Schedule 31 to the Schools Standards and Framework Act 1998
(c.31); subsection (1)(b) was amended by Schedule 6 to the Airports Act 1986 (c.31); subsection (1)(b)(ii) was amended by
S.I. 2011/2491 and subsection (1)(c) was amended by S.I. 2001/4050. There are other amendments to section 4 and the Act
that are not relevant to these Regulations.
(b) Existing members of the Building Regulations Advisory Committee as at 31st December 2011 were transferred on that date
to the Building Regulations Advisory Committee for England pursuant to article 9 of the Welsh Ministers (Transfer of
Functions) (No.2) Order 2009.
(c) S.I. 2009/3019. The Order transferred functions under the Building Act 1984 exercised by the Secretary of State, so far as
they related to Wales, to the Welsh Ministers, subject to articles 3 and 4 of the Order. Article 3(a) provides that functions so
far exercisable in relation to an excepted energy building (as defined in the Order) are not transferred.

(4) Parts 1 and 4 of these Regulations shall come into force on 30th August 2013.
(5) Parts 2 and 3 of these Regulations shall come into force on 6th April 2014.

PART 2
Amendment of the Building Regulations 2010
Amendment of the Building Regulations 2010
2. The Building Regulations 2010(a) are amended as set out in this Part.
Interpretation
3. In regulation 2(1), in the definition of energy efficiency requirements, after 26 insert
26A.
Minimum energy performance requirements for new buildings
4. For regulation 25 substitute
25. Minimum energy performance requirements shall be approved by the Secretary of
State, in accordance with the methodology approved pursuant to regulation 24, for
(a) new buildings (which shall include new dwellings), in the form of target CO2
emission rates; and
(b) new dwellings, in the form of target fabric energy efficiency rates.
Fabric energy efficiency rates for new dwellings
5. After regulation 26, insert
26A. Where a dwelling is erected, it shall not exceed the target fabric energy efficiency
rate for the dwelling which have been approved pursuant to regulation 25.
Fabric energy efficiency rate calculations
6. After regulation 27, insert
Fabric energy efficiency rate calculations
27A.(1) This regulation applies where a dwelling is erected and regulation 26A applies.
(2) Not later than the day before the work starts, the person carrying out the work shall
give the local authority a notice which specifies
(a) the target fabric energy efficiency rate for the dwelling;
(b) the calculated fabric energy efficiency rate for the dwelling as designed; and
(c) a list of specifications to which the dwelling is to be constructed.
(3) Not later than five days after the work has been completed, the person carrying out the
work shall give the local authority
(a) a notice which specifies
(i) the target fabric energy efficiency rate for the dwelling;

(a) S.I. 2010/2214 as amended by S.I. 2012/3119, S.I. 2013/10, S.I. 2013/181 and S.I. 2013/1105.

(ii) the calculated fabric energy efficiency rate for the dwelling as constructed;
and
(iii) whether the dwelling has been constructed in accordance with the list of
specifications referred to in paragraph (2)(c), and if not a list of any changes
to those specifications; or
(b) a certificate of the sort referred to in paragraph (4) accompanied by the information
referred to in sub-paragraph (a).
(4) A local authority is authorised to accept, as evidence that the requirements of
regulation 26A have been satisfied, a certificate to that effect by an energy assessor who is
accredited to produce such certificates for that category of building.
(5) In this Regulation, specifications means specifications used for the calculation of
the fabric energy efficiency rate.
Application of building regulations to educational buildings, buildings of statutory
undertakers and Crown Buildings
7. In regulation 34, for 25 substitute 25(a).
Interpretation of Part 6
8. In regulation 35, after the definition of energy assessor, insert
fabric energy efficiency means the space heating and cooling requirements per
square metre of floor area of a new dwelling;.
Transitional provisions
9.(1) The amendment made by regulation 5 does not apply in any case where on the date these
Regulations come into force
(a) building work has started in accordance with any relevant notification provision; or
(b) a relevant notification provision has been complied with in relation to proposed building
work and the building work is started within the period of twelve months beginning on
the day this Part of these Regulations come into force.
(2) In this regulation, relevant notification provision means regulation 12(2) of the Building
Regulations 2010 and sections 47(1), 50, 51A(2) and 54 of the Building Act 1984.

PART 3
Amendment of the Building (Approved Inspectors etc) Regulations 2010
Amendment of the Building (Approved Inspectors etc) Regulations 2010
10. In regulation 20 of the Building (Approved Inspectors etc) Regulations 2010(a)
(a) in the heading, after 27, insert 27A,; and
(b) in sub-paragraph (1), after 27 (CO2 emission rate calculations),insert 27A (fabric
energy efficiency rate calculations),.

(a) S.I. 2010/2215 as amended by S.I. 2012/3119.

PART 4
Repeal of provisions of a local Act
Repeal of provisions in the Croydon Corporation Act 1960
11. Subject to regulation 13, sections 93 and 94 of the Croydon Corporation Act 1960(a) are
repealed.
Existing conditions
12. Subject to regulation 13, any condition imposed before the date on which these Regulations
come into force under a provision repealed by regulation 11 shall cease to have effect from that
date and no proceedings or other action may be begun or continued on or after that date to enforce
such condition or conditions.
Saving
13.(1) Where any premises or facilities, equipment or devices are provided in respect of
premises in connection with general fire precautions to safeguard the safety of relevant persons
pursuant to a provision repealed by regulation 11, the responsible person must comply with article
17 of the Regulatory Reform (Fire Safety) Order 2005(b) (the 2005 Order) as if a reference to
enactments repealed or revoked by the 2005 Order included a reference to enactments repealed by
regulation 11.
(2) General fire precautions, relevant persons and responsible person have the same
meanings as in the 2005 Order.

Signed by authority of the Secretary of State for Communities and Local Government

3rd August 2013

Don Foster
Parliamentary Under Secretary of State
Department for Communities and Local Government

EXPLANATORY NOTE
(This note is not part of the Regulations)
Part 2 of the Regulations amends the Building Regulations 2010 (the 2010 Regulations) to insert
provisions relating to target fabric energy efficiency (TFEE) rates and new dwellings.
Regulation 4 amends regulation 25 of the 2010 Regulations requiring the Secretary of State to
approve TFEE rates; regulation 5 inserts regulation 26A requiring that new dwellings must not
exceed the TFEE rate; regulation 6 inserts regulation 27A setting out the procedure to be followed
by the person carrying out the work to submit evidence regarding the TFEE rates to the local
authority; regulation 8 inserts a definition of fabric energy efficiency into regulation 35 of the
2010 Regulations and regulation 9 sets out the transitional provisions for the amendments to the
2010 Regulations
Part 3 sets out the amendment to the Building (Approved Inspectors etc) Regulations 2010
required as a consequence to the amendments to the 2010 Regulations.

(a) 1960 c.xl..

(b) S.I. 2005/1541.

Part 4 repeals two sections of the Croydon Corporation Act 1960 that deal with building control
matters which are no longer required because of the provisions of the 2010 Regulations
(regulation 11). Regulation 12 provides for circumstances when conditions have been imposed
relying upon the repealed provisions and regulation 13 makes savings in circumstances where
article 17 of the Regulatory Reform (Fire Safety) Order 2005 applies.
Crown copyright 2013
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UK201308065 08/2013 19585

http://www.legislation.gov.uk/id/uksi/2013/1959